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Albuquerque SIP: Reg 8. Airborne Particulate Matter: SIP effective 1993-04-26 to 2009-05-01 (NMd21)

Regulatory Text: 
As filed with the New Mexico State Records and Archives Center on February 17, 1983, and approved by EPA 02/23/93 (58 FR 10970) at 52.1620(c)(49) effective 4/26/93.
Superseded by Part 20 (20.11.20 NMAC), Fugitive Dust Control, appoved by EPA April 1, 2009 (74 FR 14731) effective June 1, 2009 (NMd22).

From July 1, 1998, to January 12, 2005, this web site showed all of Regulation No. 8 as being approved by EPA into the New Mexico SIP on February 23, 1993 (58 FR 10970).  Actually, only Section 8.03, "Soil  Disturbance," Subsections 8.03.1, 8.03.2, 8.03.3, 8.03.4, 8.03.5,  8.03.6, 8.03.7, and 8.03.8, as filed with the State Records and Archives Center on February 17, 1983, was approved by EPA.  Below is the text of Regulation 8, Section 8.03, as approved by EPA February 23, 1993.  
For more information, see 40 CFR 52.1640(c)(49) [approved as 52.1620(c)(49)] or 58 FR 10970 (February 23, 1993).  The New Mexico SIP Map record in this web site explains why 52.1620(c)(49) is now 52.1640(c)(49).

8.03     Soil Disturbance

8.03.1   Except for areas zoned and used for agriculture, no person shall disturb, move or remove soil from or place soil onto more than 3/4 acre (32,670 sq. ft.) of surface area without having a valid permit in their possession from the Department.

8.03.2   The permittee shall employ means specified in the permit to prevent the escape from the site of airborne particulate matter, the opacity of which exceeds by ten (10%) percent the opacity of the surrounding airborne background particulate matter against which the emission is measured.  The above opacity performance requirement shall apply to on-site wind speeds up to 28 miles per hour.  Above a 28-mph wind speed no additional preventive means will be required.  Emission measurements shall be made in accordance with techniques specified in Federal Test Reference Method 9, Appendix A, Part 60, 40 CFR.

8.03.3   Applications for permits shall be made on forms prescribed and provided by the Department and shall require the applicant to provide the following:

       A.  Name, address and telephone number of applicant and the owner of the property on which the activity will occur.

       B.  Address or location of work site.

       C.  Legal description, map of work site, area (sq. ft. or acres) to be disturbed, and the U.S.D.A., Soil Conservation Service soil classification(s) of the area.

       D.  Description of work to be done

       E.  Beginning and ending dates of the time period during which the soil disturbance work will occur.

       F.  Description of expected final state of disturbed soil that will inhibit emissions of airborne particulate matter when permitted activities are complete.

       G.  Completion date of the overall development

       H.  Detailed statement of measures to be utilized to prevent particulate matter from becoming airborne and time period during which those control measures will be used.

       I.  Other relevant information as supplied by the applicant to support the application and the means selected for airborne particulate control.

       J.  Signature of person(s) responsible for applying control measures during time period of work

       K.  Signature of person(s) responsible for the overall development

8.03.4   The Department shall, within ten (10) days of receipt of the completed permit application, grant the permit or deny the permit.

8.03.5   The Department may deny a permit if:

       A.  Relevant information to support the application has not been supplied to the Department.

       B.  Use of the proposed control measures would, in the Department's judgment, result in a violation of an applicable regulation of the board or would result in a violation of the State of New Mexico Air Quality Control Act.

       C.  It appears that the work to be done would not be completed within the stated time.

8.03.6   The granting of a permit does not relieve any person from compliance with any applicable regulation of the board or the State of New Mexico Air Quality Control Act.
8.03.7   It shall be considered a violation and grounds for cancellation of the permit if the work schedule, pollution prevention measures or other relevant items are substantially changed from those specified in the permit, unless the permittee has first obtained written approval of the Department.

The Department may cancel a permit for cause upon giving ten (10) days' written notice.  Such notice shall be delivered in person or be sent by certified mail to the permittee.

8.03.8   A person whose application has been denied or whose permit has been canceled may appeal such action to the board.  The board shall consider the appeal at a public meeting within fourteen (14) days of receipt by the Department.  The board at that meeting shall consider the appeal and may sustain, modify or reverse the action of the Department.  In the event the board fails to act within the fourteen (14) days, the permit shall be granted or restored.

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